How does the court decide what is in the best interests of the children when making custody decisions?
The primary considerations are the health, safety and welfare of the child. To determine which parent is most fit to ensure this, the court will hear evidence supplied by the parties and may refer the case for a custody evaluation. If referred, a psychologist, family therapist or child development specialist will interview all persons and professionals involved in the child’s life and report his/her findings to the court. The evaluator may meet with parties together and/or separately to be able to evaluate their interaction and will assess the relationship of each parent to the child. The evaluator may order psychological assessment if it is believed necessary. The court will typically give great weight to the evaluator’s findings. The court may order the evaluator’s fees split by the parties or apportion the fees according to each party’s ability to pay. Resources and services are available to provide safe environments or havens for the child(ren) to visit with the other parent.
